Notice of two applications for the preservation and protection of a specified area, being Stage 5 (Stage 5A and Stage 5B) of the Dunmore Sand and Soil Project, Dunmore, New South Wales Invitation to make representations

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2022G00035 In force Gazette

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Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)

Notice of two applications for the preservation and protection of a specified area, being Stage 5 (Stage 5A and Stage 5B) of the Dunmore Sand and Soil Project, Dunmore, New South Wales

Invitation to make representations

I, Dr Brendan Corrigan, hereby give notice as follows:

The Minister for the Environment (Minister), responsible for the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (Act), has received two applications made under section 10 of the Act. The applications are seeking long term preservation and protection of a claimed significant Aboriginal area being the area known as Stage 5 (Stage 5A and Stage 5B) of the Dunmore Sand and Soil Project, Dunmore, NSW. The Minister has appointed me to provide a report to the Minister under paragraph 10(1)(c) of the Act.

The applicants

Two applications have been received. One from Mr Gary Caines (applicant Caines) a Dharawal man and one from Ms Sharralyn Robinson (applicant Robinson) a Dharawal Elder (together, the applicants).

The purpose of the applications

The applications seek the long-term preservation or protection of the area specified in the applications (specified area). The specified area is depicted in Figure 1 below. Section 10 of the Act confers power on the Minister to make a declaration to preserve and protect an area where the Minister is satisfied that it is a ‘significant Aboriginal area’ under threat of injury or desecration. A ‘significant Aboriginal area’ is defined by section 3 of the Act as an area of land or waters that is “of particular significance to Aboriginals in accordance with Aboriginal tradition”. ‘Aboriginal tradition’ is defined as the “body of traditions, observances, customs and beliefs of Aboriginals generally or of a particular community or group of Aboriginals, and includes any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships”.

Matters the report is required to deal with

The Minister must consider my report, for each application, pursuant to section 10 of the Act in relation to the specified area before deciding whether to make a declaration under section 10 of the Act. Under subsection 10(4) of the Act, the reports are required to deal with the following matters:

(a)           the particular significance of the area to Aboriginals;

(b)           the nature and extent of the threat of injury to, or desecration of, the area;

(c)            the extent of the area that should be protected;

(d)           the prohibitions and restrictions to be made with respect to the area;

(e)           the effects the making of a declaration may have on the proprietary or pecuniary interests of persons other than the Aboriginal or Aboriginals who made the application, or on whose behalf the application is made;

(f)             the duration of any declaration;

(g)            the extent to which the area is or may be protected by or under a law of the State or Territory, and the effectiveness of any remedies available under any such law; and

(h)           such other matters (if any) as are prescribed.

 

The specified area

Figure 1 below depicts the area for which preservation and protection is sought. This specified area is known as Stage 5 (Stage 5A and Stage 5B) of the Dunmore Sand and Soil Project, Dunmore, NSW.

Figure 1 Map showing the specified area of Stage 5 (Stage 5A and Stage 5B) of the Dunmore Sand and Soil Project, Dunmore, NSW.

Claims in relation to ‘significant Aboriginal area’

The applicants claim the specified area is of particular significance in accordance with Aboriginal tradition for the following reasons:

  • the Minnamurra Massacre was at, or near, the location as well as other battles;
  • there are, or may be, burials in the area;
  • the area was a highly significant cultural area, which is further supported by the high level of artefacts being extracted;
  • the area is an artefact/tool site; and
  • Aboriginal people walked, camped, and used the many resources in the area.

Claimed threat of injury or desecration

The applicants claim that the specified area is under threat from the archaeological excavation, salvage works and proposed sand mining associated with the Stage 5 (Stage 5A and Stage 5B) of the Dunmore Sand and Soil Project, Dunmore, NSW by Boral Pty Ltd (proponent).

 

Invitation to make representations

Interested parties are invited to furnish representations in connection with my reports to:

Dr Brendan Corrigan
Anthropological Consultancy Services

ABN 85 901 448 008
PO Box 236

SUFFOLK PARK QLD 2481

 

Mobile: 0439 428 805

Email: brendanMcorrigan@gmail.com

Interested parties are urged to contact me as soon as possible to be provided with further information about the submission process, including the provision of the applications, making representations in response to the applications, and making final comments in response to representations received.

As part of the submission process, I will seek to take oral submissions from the applicant, and if such occurs, any arising written record I make will be supplied to other interested parties as a representation.

Representations must be made orally or in writing by 5pm AEST on Thursday 3 February 2022 or within such further period as may be allowed. Do not send your representations directly to the Minister.

Representations received by the due date will be provided to the applicants and to interested parties who submit a representation, and thereafter the applicants and such interested parties will be provided an additional two weeks to make final comments in writing.

Claiming confidentiality

If you wish to claim confidentiality over any part of your representation, please identify why you are claiming confidentiality and how you wish confidentiality to apply.  Representations will be provided to the Minister for the Environment and the Department of Agriculture, Water and the Environment, along with the section 10 report. Representations, even those subject to confidentiality, may be disclosed where it is authorised or required by law, to meet procedural fairness requirements, and in response to a request by a House or Committee of the Parliament of the Commonwealth.

Privacy notice

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable.

Sensitive information is a subset of personal information and includes any information or opinion about an individual's racial or ethnic origin, political opinion or association, religious beliefs or affiliations, philosophical beliefs, sexual preferences or practices, trade or professional associations and memberships, union membership, criminal record, health or genetic information and biometric information or templates.

By submitting a representation in response to the ‘Notice of an application for the preservation and protection of a specified area, being the area known as Stage 5 (Stage 5A and Stage 5B) of the Dunmore Sand and Soil Project, Dunmore, NSW’ you consent to the collection of all personal information, including sensitive information, contained in your representation.

I, Dr Brendan Corrigan, collect your personal information (as defined by the Privacy Act 1988 (Cth)) contained in your representation for the purposes of consideration in drafting a report under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (Act) in relation the specified area and related purposes. If you do not provide some or all of any relevant personal information in your representation(s), I may be unable to fully and comprehensively consider your representation in the drafting of the reports to be submitted for consideration by the Minister responsible for the Department of Agriculture, Water and the Environment (Minister).

The Department of Agriculture, Water and the Environment (department) collects your personal information (as defined by the Privacy Act 1988 (Cth)) contained in your representation for the purposes of the Minister’s consideration in deciding whether to make a declaration under section 10 of the Act in relation to the specified area and related purposes. If you do not provide some or all of any relevant personal information in your representation(s), the Minister may be unable to fully and comprehensively consider your representation in deciding whether to make a declaration under section 10 of the Act in relation to the specified area.

The department may disclose your personal information to the Minister, parties that may be affected by a decision of the Minister under section 10 of the Act (to meet procedural fairness requirements), and other Australian government agencies, persons or organisations where necessary for the above purposes, provided the disclosure is consistent with relevant laws, in particular the Privacy Act 1988 (Cth). Your personal information will be used and stored in accordance with the Australian Privacy Principles.

By submitting a representation, you consent to the disclosure of all personal information contained in your representation to the Minister and parties that may be affected by the decision of the Minister under section 10 of the Act.

See the department's Privacy Policy to learn more about accessing or correcting personal information or making a complaint. Alternatively, telephone the department on (02) 6272 3933.

 

Overview

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) was enacted to provide for the protection of places and objects of significance to Aboriginal and Torres Strait Islander peoples. The Act was introduced to address the gap in protection for Aboriginal and Torres Strait Islander heritage sites against injury or desecration. The policy objective of the Act is to preserve and protect significant Aboriginal areas, ensuring they are not harmed by activities that could potentially cause injury or desecration. The Act empowers the Minister for the Environment to make declarations for the protection of such areas based on reports prepared by appointed individuals. These reports must consider various factors, including the significance of the area, the threat it faces, and the implications of any protective measures on non-Aboriginal interests. The Act was enacted by the Commonwealth Parliament to provide a legal framework for the protection of Aboriginal and Torres Strait Islander heritage, reflecting the importance of these sites to the cultural heritage of Australia.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to any person or entity seeking to undertake activities that may affect significant Aboriginal areas, particularly those areas claimed by Aboriginals to hold cultural, spiritual or historical significance. The Act is administered at the Commonwealth level, thus its provisions extend across Australia, irrespective of state or territory boundaries. However, the Act does not exclude or exempt any particular person, entity, industry or conduct from its application, meaning that all proposed activities that may impact on significant Aboriginal areas must be assessed under its provisions. The Act can be extended or restricted through subordinate instruments, which allows for the regulation of activities that might affect Aboriginal heritage sites. The Act's application is triggered when an area is claimed to be of particular significance to Aboriginals in accordance with Aboriginal tradition, and where there is a threat of injury or desecration to that area. In such instances, the Minister for the Environment may make a declaration to preserve and protect the area, imposing prohibitions and restrictions as necessary.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (Act) is central to the protection of culturally significant Aboriginal areas. Under section 10 of the Act, the Minister for the Environment can make a declaration to preserve and protect a 'significant Aboriginal area' under threat of injury or desecration. In this case, the Minister has received two applications from Mr Gary Caines and Ms Sharralyn Robinson seeking the long-term preservation and protection of Stage 5 (Stage 5A and Stage 5B) of the Dunmore Sand and Soil Project in Dunmore, NSW. The applicants claim that the area is of particular significance to the Aboriginal community due to historical events, potential burials, and artefact presence. The obligations imposed by the Act require the Minister to consider a report from a nominated person before deciding whether to make a declaration. Section 10(1)(c) of the Act mandates that the report must address several key matters, including the significance of the area, the nature and extent of the threat, the area's protection extent, applicable prohibitions and restrictions, the impact on non-Aboriginal interests, the duration of any declaration, and the adequacy of existing protections under state or territory laws. The report must also cover any other prescribed matters. Breach of the provisions in the Act can result in serious legal consequences. While the Act does not explicitly list offences or penalties, any actions that undermine the preservation and protection of significant Aboriginal areas could be prosecuted under related laws, potentially leading to civil or criminal penalties. For example, damaging or desecrating an area protected under a declaration could result in fines and imprisonment, depending on the severity of the offence and relevant state or territory laws. Interested parties are invited to make representations to the nominated person, Dr Brendan Corrigan, regarding the applications. These representations must be submitted by 5pm AEST on Thursday, 3 February 2022. The nominated person will consider these submissions when drafting the report to the Minister. Confidentiality can be claimed for specific parts of the representation, but such claims will be subject to legal disclosure requirements. Additionally, by submitting representations, individuals consent to the handling of their personal information in accordance with the Privacy Act 1988 (Cth).

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Area of Law
Indigenous Peoples & Native Title Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.